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on screen PCN by UKPC

hi all,

I have received a window PCN from UKPC at the private 'car park/area' of my friend's block.(Offence: parked in an area where no parking in allowed). At the time, I literally went up to pick up my stuff from hers for 5 mins and came down with the onscreen PCN. There were also two other cars parked there. One received a ticket but the other didn't. I took photos of the sign and the 'car park area' (see below- that was exactly where my car was on the day). it said I can't park there, but active loading/unloading is permitted in the loading bays. (No loading bays marked). Can I appeal base on this- to say I was actively unloading at the time? Since I was the only person at the time, I would have to switch off the engine and lock my car. On the ticket, you can see that the attendant issue the ticket at the same time as 'time first seen', which suggests, they didn't give me 5 mins to see if I was loading/unloading.

Please let me know if the above argument is valid /good enough?

Lastly, wish everyone a happy new year!

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h tt ps://postimg.org/image/y8o39vkhf/
h tt ps://postimg.org/image/oa34neb1v/
h tt ps://postimg.org/image/iw4cfulbn/
h tt ps://postimg.org/image/hsk83w0oj/
h tt ps://postimg.org/image/xvvjqv0wd/
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Comments

  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your argument is dead in the water. PPCs don't actually do facts or common sense.

    Before you contact them in any way and before you hand-over your details to them for free, please get stuck-in to the Newbies Sticky at the top of this forum whilst waiting for an NTK to see what really works - and do ensure you couch any challenge/appeal as coming from the Keeper, not the driver - Do not disclose who was.
  • Northlakes
    Northlakes Posts: 826 Forumite
    Ninth Anniversary Combo Breaker
    edited 31 December 2016 at 6:53AM
    REVENGE IS A DISH BETTER SERVED COLD
  • fisherjim
    fisherjim Posts: 7,016 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    As Pogo says don't for one moment think that any form of reasoning with these scamming muppets will work, you need to follow the advice on here to the letter.

    Those signs are typical generic best fit UKPC garbage that their sign nailer had in his van at the time. Even they are on commission to nab victims if they see an opportunity.

    I wouldn't be surprised if that isn't the attendant's scruffy scooter parked by the stairs, clue is the L plate, they never get past the learner stage in anything!
  • Coupon-mad
    Coupon-mad Posts: 149,402 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please let me know if the above argument is valid /good enough?
    As others have said, don't write that. But yes, you have grounds to appeal and this can be won at POPLA if you time it right and appeal as keeper (not driver) around day 26.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks for all the reply. So now I just have to wait till the 26th day and keep an eye out for a NTK letter (and hope they will forget by day 56?) but wouldn't appealing on the very last day be better?

    I will also be looking in the flat lease and forbidden signage.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    it would if they get it the same day , but if you do this by post it is deemed delivered 2 days later (in law) - hence why we say by day 25 or day 26 , just to be safe

    they may well send an NTK, if they do then its one less appeal point , but you hope they forget in order to make an additional appeal point later , so you check the post from day 29 to day 56, and beyond as sometimes they remember 3 months later , lol

    and yes get signage details and lease details too, these are essential
  • Coupon-mad
    Coupon-mad Posts: 149,402 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 January 2017 at 6:21PM
    Thanks for all the reply. So now I just have to wait till the 26th day and keep an eye out for a NTK letter (and hope they will forget by day 56?) but wouldn't appealing on the very last day be better?
    Yes it would be perfect but I deliberately NEVER advise that because:

    - people might forget, and the 'day 26' advice gives them a safety net

    and

    - what if your internet or UKPC's appeal page goes down on day 28, or some other unforeseen circumstance stops you from doing the appeal...

    and

    - what if a parking firm counts the PCN day as 'day one' - if so then you'd have to appeal on what we would consider to be 27 days after, not 28. And you wouldn't know until 'PPC-Rip-Offs-R-Us' write and say 'you appealed too late' or some such other drivel excuse. Some allow extra days on the 28 day period, for postage/service of the PCN (ParkingEye for example, consider appeals submitted on day 30 or later) and some do not, so you never quite know how a PPC are counting their 28 days.

    Too many variables and human nature, stops me advising people to do this on day 28.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • superdrpanda
    superdrpanda Posts: 35 Forumite
    Eighth Anniversary 10 Posts Name Dropper
    edited 16 January 2017 at 9:56AM
    Hi all,

    So my 25th day is up and I'm planning to appeal today via email. I have got the template from the newbie thread.
    I have also read the post by parking prankster and there is a point where I picked up but not sure whether it applies in my case. So from the post, it suggests the case of trespassing if the signage shows parking is forbidden.

    So I had another look at the signage photo, it said no unauthorised parking at all times, with a no parking symbol underneath but also got active loading and unloading symbol next to it.

    Is that a better argument now ? And I have not receive any NTK during this period.
  • Umkomaas
    Umkomaas Posts: 42,994 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 January 2017 at 1:00PM
    Is that a better argument now?
    Nope. You keep all your powder dry for POPLA. The PPC will reject your appeal regardless of what you put in it; you don't want to tip them off about one of the key points of appeal that could win you this at POPLA.

    The purpose of the initial appeal is twofold: one to fish out a POPLA code; the other to distract the PPC from accessing the DVLA for your details to send a NtK. The fact that you might not get a NtK is good news, as unless they send you this, they cannot invoke keeper liability.

    Make sure you give your name and address in your initial appeal. Send the appeal in by whichever method required by the PPC. If you're sending via their website be careful there's no drop down boxes where you have to declare your status (like 'driver', 'keeper', 'hirer ') as they can be set to trick you!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas,

    So are you suggesting I just send them the template appeal letter from the newbie post and wait for their next approach?
    Umkomaas wrote: »
    Nope. You keep all your powder dry for POPLA. The PPC will reject your appeal regardless of what you put in it; you don't want to tip them off about one of the key points of appeal that could win you this at POPLA.

    The purpose of the initial appeal is twofold: one to fish out a POPLA code; the other to distract the PPC from accessing the DVLA for your details to send a NtK. The fact that you might not get a NtK is good news, as unless they send you this, they cannot invoke keeper liability.

    Make sure you give your name and address in your initial appeal. Send the appeal in by whichever method required by the PPC. If you're sending via their website be careful there's no drop down boxes where you have to declare your status (like 'driver', 'keeper', 'hirer ') as they can be set to trick you!
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